HM Prison Service v. Gundill [2001] UKEAT 1375_00_0405 (4 May 2001)

The Employment Tribunal may have erred in law by refusing to review its compensation calculation after acknowledging Section 88 did not apply due to Section 191.

Citation: [2001] UKEAT 1375_00_0405
Parties: Appellant: H M Prison Service; Respondent: Applicant (present Respondent)
Jurisdiction: United Kingdom
Judgment Date: 04 May 2001
Procedural Posture: Employment Appeal / Preliminary Ex Parte Hearing
Outcome: Appeal to proceed to full hearing
Legal Topics: Compensation Calculation, Notice Pay, Review of Tribunal Decision

Employment Law Compensation Calculation Notice Pay Review of Tribunal Decision

Case Brief

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Parties

H M Prison Service

Appellant

Applicant (present Respondent)

Respondent

Procedural Posture

Employment Appeal / Preliminary Ex Parte Hearing

Legal Issues

1 Whether the Employment Tribunal erred in refusing to review its compensation calculation based on Section 88 of the Employment Rights Act 1996 despite Section 191 excluding its application

Ratio Decidendi

The Employment Tribunal may have erred in law by refusing to review its compensation calculation after acknowledging Section 88 did not apply due to Section 191.

Court Disposition

Appeal to proceed to full hearing

Orders

Appeal must go forward to a full hearing